- Case note: ICC (Appeals Ch.) (Prosecutor v Lubanga Dyilo (Thomas), Judgment on the appeal of the Prosecutor against the decision of Trial Chamber I entitled "Decision on the consequences of non-disclosure of exculpatory materials covered by Article 54(3)(e) agreements and the application to stay the prosecution of the accused, together with certain other issues raised at the Status Conference on 10 June 2008", Case No ICC-01/04-01/06 OA 13)
- File no.
- 776 (ICC 2008)
- Case date
- 21 October 2008
- Oxford Reports on International Law. International Criminal Law
- Volume (Serie)
- Document type
- Case note
- Faculty of Law (FdR)
- Amsterdam Center for International Law (ACIL)
Subject(s): Right to fair trial — International courts and tribunals, procedure — Equality of arms — Torture.
- Whether and in what circumstances the Prosecutor could rely on Article 54(3)(e) of the Rome Statute.
- Whether and the manner in which—in the case of conflicts between Article 54(3)(e) and Article 67(2) of the Rome Statute—these should be resolved by the relevant Chamber of the Court.
- Whether a stay of proceedings was an appropriate remedy where the unfairness to the accused was of such a nature that a fair trial may have become possible at a later stage.
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